Rental Service Terms US

Rental and Service Terms

The below terms apply to your rental of equipment from or provision of services by United Rentals. 

» Click here for Rental Protection Plan (RPP) Terms

Please read carefully.  This agreement includes an indemnification clause, a class action and jury waiver, and limitations of United’s liability.  By accepting delivery of the Equipment or Services (defined below) or making payment(s) to United for the same, Customer agrees to be bound by the Rental and Service Terms and RPP Terms (if applicable), even if the Rental and Service Agreement has not been fully executed.

1.  DEFINITIONS.

"Agreement" means the Reservation Details, together with any associated Rental and Service Agreement, including these Rental and Service Terms which are incorporated by reference therein. "United" means United Rentals (North America), Inc. "Equipment" means any one or more of the items identified as rental items in the Reservation Details and any accessories, attachments or other similar items delivered to Customer including, but not limited to, air hoses, electric cords, blades, welding cables, liquid fuel tanks and nozzles. "Customer" means the person or entity identified as such in the Reservation Details or any representative, agent, officer or employee of Customer. "Store Location" means the United address set forth in the Rental and Service Agreement. “Rental and Service Agreement” means the agreement made between Customer and United for United to rent Equipment and/or provided Services, whether that Agreement is made in person at the Store Location, online, or at the time of Equipment delivery, and which incorporates by reference these Rental and Service Terms and which identifies the Equipment to be rented by Customer.  The Agreement incorporates these Rental and Service Terms by reference.  “Rental Period” means the period of time between the “Rental Out” and “Scheduled In,” set forth in the Rental and Service Agreement, except that the Rental Period may terminate earlier as provided in Sections 18 and 28 hereof or if Customer returns the Equipment earlier. “Credit Card” means the credit card provided by Customer as part of this Agreement or otherwise kept on file with United. “Reservation Details” means the Equipment, Rental Period, delivery information, payment information and other information set forth on the Confirmation/Order Summary Screen or the Rental and Service Agreement, as the case may be. ServiceorServicesmeans the services provided by United in connection with the rental of Equipment, including Trench Services, Scaffolding Services, Portable Sanitation Services, Fluid Solutions Services, Power and HVAC Services and Tool Services (each as defined in Section 27 below). Specialty Mediameans specialty filtration materials purchased in connection with the rental of Equipment used for fluid solutions, such as sand, gravel, carbon, or other materials used to remove certain contaminants or other materials. “Tanksmeans the Equipment identified as rental items as part of the Fluid Solutions Services in which Customer stores materials.

2.  AUTHORITY TO SIGN; FORM CONTRACTS.

Any individual signing the Agreement represents and warrants that he or she is of legal age and has the authority and power to sign this Agreement on behalf of Customer.

3.  INDEMNITY / HOLD HARMLESS.

TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD UNITED, AND ANY OF ITS RESPECTIVE OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, AND AFFILIATES, PARENTS AND SUBSIDIARIES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO THE (A) INSTALLATION, OPERATION, USE, POSSESSION OR RENTAL OF THE EQUIPMENT, OR (B) ERRORS, OMISSIONS OR INACCURACIES IN THE DOCUMENTS OR OTHER INFORMATION PROVIDED BY CUSTOMER, OR OBTAINED FROM OTHERS, UPON WHICH UNITED RELIES WHEN PROVIDING THE  EQUIPMENT OR SERVICES. CETTE DISPOSITION D’INDEMNITÉ S’APPLIQUE ÉGALEMENT À TOUTE RÉCLAMATION DÉLICTUELLE CONTRE UNITED BASÉE SUR DES CAUSES D’ACTION STRICTES OU DE RESPONSABILITÉ DU PRODUIT. TOUTEFOIS, LE CLIENT NE SERA PAS TENU D’INDEMNISER UNITED POUR UNE PARTIE DE TOUTE PERTE, TOUT DOMMAGE OU TOUTE RESPONSABILITÉ CAUSÉ UNIQUEMENT PAR LA FAUTE INTENTIONNELLE OU LA NÉGLIGENCE DE UNITED. SOUS RÉSERVE DES DISPOSITIONS D’INDEMNITÉ DU PRÉSENT CONTRAT, LE CLIENT CONVIENT EXPRESSÉMENT ET SPÉCIFIQUEMENT QUE L’OBLIGATION D’INDEMNISATION PRÉVUE NE DOIT EN AUCUN CAS ÊTRE AFFECTÉE OU DIMINUÉE PAR TOUTE LIMITATION STATUTAIRE OU CONSTITUTIONNELLE DE RESPONSABILITÉ OU D’IMMUNITÉ DONT LE CLIENT JOUIT SUITE À UNE POURSUITE INTENTÉE PAR SES PROPRES EMPLOYÉS. THE DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF THE AGREEMENT.

4.  INSPECTION OF EQUIPMENT.

Customer acknowledges that Customer has inspected the Equipment prior to taking possession thereof, finds it in good working order and repair, and suitable for Customer's needs. Customer further acknowledges that Customer has inspected the propulsion tank of vehicles registered and licensed, or required to be registered and licensed, for use on any highway or public road prior to taking possession thereof, and such propulsion tank contained no dyed fuel. Customer has inspected or will inspect all hitches, bolts, safety chains, hauling tongues, and other devices and materials used to connect the Equipment to Customer's towing vehicle, if any. Le client reconnaît que United n’est pas responsable des dommages à tout véhicule de remorquage qu’il utilise, attribuables à des crochets détachables ou des rétroviseurs. With respect to the rental of Tanks, Customer shall take independent action to ensure that any materials Customer stores in the Tanks are chemically compatible with the Equipment.  Customer shall provide United with the safety data sheet (“SDS”) or verified laboratory tests that identify the material Customer stores in the Tanks. For Tanks subject to the West Virginia tank law, Customer agrees that Customer has received a copy of the Certificate to Operate for each Tank identified rented under this Agreement.

5.  LIMITATION OF LIABILITY.

United ne peut, en aucun cas, être tenue responsable, à l’égard du client ou d’une tierce partie des situations suivantes : (i) any loss, damage or injury caused by, resulting from or in any way connected with the Equipment, its operation or its use; (ii) United's failure to deliver the Equipment as required hereunder or United's failure to repair or replace non-working Equipment; or (iii) any incidental, consequential, punitive or special damages, even if so advised of the possibility of such damages. Le client reconnaît et assume tous les risques inhérents au fonctionnement, à l’utilisation et à la possession de l’équipement à partir du moment où l’équipement est livré au client et jusqu’à ce que l’équipement soit retourné à United et le client prendra toutes les précautions nécessaires pour protéger toutes les personnes et biens contre les blessures et les dommages pouvant être causés par l’équipement.

6.  CUSTOMER RESPONSIBILITIES.

Customer shall provide United with the information and the documentation United requests to assess, plan, and perform the Services and/or provide the Equipment.  All Equipment is provided and Services are performed based on information provided by Customer or others and United is relying on the accuracy and completeness of such information in providing the Equipment and performing such Services.  Customer recognizes that it is impossible for United to assure the accuracy, completeness and sufficiency of information provided by others, either because it is impossible to verify, or because of errors or omissions that may have occurred in assembling such information. Customer is responsible for providing a secure and safe work environment for all parties, including United and its employees, and for ensuring that the Services are carried out in compliance with applicable laws.

7.  (A)USE OF EQUIPMENT

Le client atteste connaître le fonctionnement et l’utilisation appropriées de chaque pièce d’équipement. Customer has selected the Equipment based on its requirements and will not use or allow anyone to use the Equipment for an illegal purpose or in an illegal manner; without a license, if required under any applicable law; or who is not qualified to operate it. Le client ne doit pas insérer ou permettre l’insertion d’un carburant teint dans le réservoir de propulsion des véhicules enregistrés et immatriculés ou devant être enregistrés et immatriculés, pour utilisation sur une autoroute ou une autre route publique. In addition, Customer shall only use ultra-low-sulfur diesel fuel (“USLD”) in equipment with tier 5 engines.  CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD UNITED HARMLESS FROM ALL FINES, PENALTIES, DAMAGE TO EQUIPMENT AND ANY OTHER COSTS INCURRED BY UNITED DUE TO DYED FUEL BEING INTRODUCED INTO THE PROPULSION TANK OF SUCH VEHICLES. Le Client accepte : (i) check filters, oil, fluid levels and tire air pressure; (ii) clean and visually inspect the Equipment daily; and (iii) immediately cease using the Equipment and immediately notify United if Equipment needs repair or maintenance. Le client reconnaît que United n’a aucunement la responsabilité d’inspecter l’équipement lorsqu’il est en possession du client. United aura le droit de remplacer l’Équipement par un autre équipement similaire à tout moment et pour n’importe quelleraison.

(B) REGULATED MATERIALS. If Customer intends to use the Equipment for the storage and handling of Regulated Materials (as defined herein), the following terms set forth in this Section shall apply. 

  1. Definitions.  “Regulated Materials” includes any material, substance or waste that falls into the following five categories: (i) “Hazardous Materials,” as defined or listed or regulated by any local, state, or federal government authority; (ii) “DOT Hazardous Materials,” as defined or identified as “hazardous material” by the Department of Transportation as set forth in 49 C.F.R. Parts 171 to 180; (iii) “Polychlorinated Biphenyls” or “PCBs,”meaning any chemical substance that is limited to the biphenyl molecule that has been chlorinated to varying degrees or any combination of substances which contains such substance, and which are regulated under the Toxic Substances Control Act and its implementing regulations found at 40 C.F.R. part 761; (iv) “Radioactive Materials,” identified by any local, state, or federal government authority as being radioactive; and (v) “Infectious Materials,”meaning any infectious substance, material, or waste that is defined, listed, or regulated by any local, state, or federal government authority.
  2. Tank Testing. Customer acknowledges that the Equipment may have contained Regulated Materials in the past. Customer may, at Customer's expense, test the Equipment for the presence of residual amounts of Regulated Materials prior to taking possession of the Equipment.   In the event that residual amounts of Regulated Materials are detected in the Equipment by preliminary testing, Customer may notify United and request new Equipment or Customer may terminate the rental.  If Customer elects to continue use of the Equipment or elects not to test the Equipment, Customer will be bound by the terms set forth herein and waives any right to object to the presence of Regulated Material in the Equipment resulting from any prior use, and agrees that the Equipment is suitable for Customer’s intended use. Upon expiration or termination of the Rental Period, but before the Equipment is returned to United, Customer shall, at Customer’s sole expense,remove all Regulated Materials from the Equipment and clean the Equipment to one of the following standards: (i) for Hazardous Substances: to the RCRA “empty” condition, as defined in 40 C.F.R. § 261.7(b)(3) (“RCRA Empty Condition”); or (ii) for DOT Hazardous Materials, PCBs, Radioactive Materials, or Infectious Materials: to Non-detect contamination levels (“NDCL”).
  3. Cleaning.  Prior to return, Customer shall clean the Equipment in accordance with the following requirements:  (i) Cleaning must be performed by an independent contractor acceptable to United; (ii) it must be documented to United’s satisfaction; (iii) When a NDCL is required, Equipment must be triple-rinsed using a solvent capable of removing Regulated Materials, then purged to remove any vapors. Equipment can also be cleaned by another method capable of achieving equivalent removal to a NDCL; (iv)For Radioactive Materials, cleaning must comply with cleaning procedures set forth in the U.S. Nuclear Regulatory Commission’s (“NRC”) Regulatory Guide 1.86 to achieve a NDCL; and (v) the independent contractor must certify that the cleaning meets the above specifications.
  4. Sampling.  After cleaning, Customer will confirm the Equipment’s RCRA Empty Condition or NDCL, as applicable, by obtaining a professional written laboratory analysis of representative samples taken from various internal parts of the Equipment. Customer agrees the sampling must be: (i)performed by an independent contractor acceptable to United; (ii) documented to United’s satisfaction; (iii) taken from various internal parts of the Equipment including at a minimum, the floor, the underside of various cross-braces, and each wall (“Representative Samples”); (iv) conducted in the presence of and pursuant to the direction of a designated employee of Unite Customer agrees to contact United to schedule an appointment for an employee of United to witness the sampling not less than ten (10) business days prior to the termination of the rental term.  For intermodal, roll-off, and vacuum container Equipment, in addition to the above requirements, Customer agrees that: (vi) Initially, 20% of the intermodal, roll-off, or vacuum container Equipment rented by Customer will be tested by the third-party laboratory. Based on satisfactory initial sampling results, and United’s sole discretion, that figure may be reduced to 10%, random sampling; (vii) If liners are not used, or if any intermodal, roll-off or vacuum container Equipment fails the testing procedures outlined in Section 3(b), then 100% sampling of all intermodals, roll-offs or vacuum container equipment will be require
  5. Sample Analysis.  Customer agree that the analysis of the sampling must: (i) be performed by a laboratory acceptable to Lessor that is certified to perform such analysis by the state in which the Equipment is located; (ii) be documented to Lessor’s satisfaction, and must include a record of the chain of custody for the Representative Samples; (iii) meet or exceed protocols established by the U.S. Environmental Protection Agency (“EPA”) or the NRC, as applicabl

f.            Return.  Customer shall return the Equipment in a RCRA Empty Condition or NDCL in accordance with the terms set forth herein. If the Equipment does not meet the standard, Customer will undertake additional cleaning of Equipment, in accordance with all applicable law, to meet the standard, and will provide United with written evidence of same.  United will not pick up the Equipment and Customer will continue to pay rental charges until the Equipment has been cleaned to the standards specified herein.  In the event that Customer is unable to clean the Equipment in accordance with the terms set forth herein, Customer shall pay United for the full replacement value of the Equipment, plus any applicable taxes.  Customer agrees that in such event it assumes full ownership of and responsibility for the Equipment and any residual contents and all related liability for the management, transportation and disposal of such Equipment in accordance with all applicable laws. Customer agrees that it shall be the generator of any hazardous, solid, or radioactive waste generated as a result of Customer’s failure to return the Equipment in a RCRA Empty Condition or NDCL, and of any residual materials resulting from Customer’s attempt to clean the Equipment.  Customer further agrees to indemnify, defend and hold United harmless for any liability incurred by United as a result of Customer’s breach of its obligations in this Section or as a result of United being deemed a "generator" under applicable environmental laws.  The foregoing indemnity obligation shall survive the termination or expiration of this Agreement.

8.  COMPLIANCE WITH APPLICABLE LAWS. 

Customer shall, at Customer's sole expense, comply with all applicable municipal, state, and federal laws, ordinances and regulations (including but not limited to those relating to worker safety or the environment), building and zoning codes, professional licenses, and licenses and permits which may apply to the use of the Equipment (“Licenses and Permits”). Licenses and Permits include, without limitation, the discharge of treated water, and disposal of waste or spent Specialty Media or other materials, and security, traffic control and road crossings associated with the use of the Equipment. Customer shall ensure that the Equipment at all times remains movable personal property. Customer shall not permit or allow the Equipment to be incorporated, attached or joined to any real or immovable property such that it causes the Equipment to be deemed a fixture.

       A.  IN CALIFORNIA ONLY: If any of the Equipment is power-operated or power-driven excavating or boring equipment, it is the sole responsibility of Customer to follow the requirements of the regional notification center law pursuant to Article 2 (commencing with Section 4216) of Chapter 3.1 of Division 5 of Title 1 of the Government Code. By signing this Agreement, Customer accepts all liabilities and responsibilities contained in the California regional notification center law.

       B. IN CALIFORNIA ONLY: For Equipment subject to California's Portable Equipment Registration Program, Customer acknowledges receipt of a written copy of the registration for each engine.

       C. IN WEST VIRGINIA ONLY: To the extent Customer rents any Tanks  from United which are rented, transported, or used in West Virginia, Customer agrees to: (i) notify United before moving any Tanks; (ii) notify United whether on-site monitoring shall be provided for overfill protection; and (iii) comply with the Tanks’ spacing requirements of the West Virginia tank law relating to AST spacing at installation.  Customer also agrees that by using the Tanks, Customer is agreeing that the Tanks have been installed in accordance with West Virginia tank law requirements, and that Customer is in receipt of copies of applicable safety and regulatory registration materials. Customer further agrees that Customer shall comply, at Customer’s sole cost, with all applicable requirements of the West Virginia tank law and the West Virginia public water supply protection law, including, but not limited to:  (i) material compatibility of substances stored in any Tanks and associated piping; (ii) routine and monthly inspections of any relocated Tanks, or any Level 1 or Level 2 category Tanks and associated piping; (iii) leak detection inspections; (iv) site security requirements; (v) Tank foundation requirements; (vi) overfill protection monitoring; (vii) secondary containment requirements; (viii) delivery restrictions; and (ix) providing labels on the Tanks identifying on-site emergency contact information and information related to substances stored in the Tanks.  Customer agrees to comply with the bonding and financial assurance requirements of the West Virginia tank law and to provide United with evidence of such compliance based on Customer’s use of the Tanks.

9.  WARRANTY / DISCLAIMER OF WARRANTIES.

UNITED WARRANTS THAT THE EQUIPMENT WILL BE IN GOOD WORKING ORDER UPON DELIVERY AND THE SERVICES WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER. EXCEPT AS EXPRESSLY SET FORTH HEREIN, UNITED MAKES NO WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE EQUIPMENT, SPECIALTY MEDIA, OR SERVICES AND MAKES NO WARRANTIES AS TO THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, INCLUDING THE PERFORMANCE OF ANY FILTRATION EQUIPMENT TO MEET ANY APPLICABLE REGULATORY STANDARD. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS OR CONTAMINANTS. EXCEPT AS MAY BE SPECIFICALLY SET FORTH IN THE AGREEMENT, UNITED DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WITH THIS RENTAL TRANSACTION.  IN THE EVENT OF A BREACH OF THE ABOVE EQUIPMENT WARRANTY, UNITED SHALL, AT ITS SOLE COST AND EXPENSE, REPAIR OR REPLACE THE EQUIPMENT. IN THE EVENT OF A BREACH OF THE ABOVE SERVICE WARRANTY, UNITED SHALL, AT ITS SOLE COST AND EXPENSE, RE-PERFORM THE SERVICE.

10.  MALFUNCTIONING EQUIPMENT.

Au cas où l’équipement subissait un accident, devenait dangereux, défectueux ou nécessitait une réparation, le Client doit immédiatement cesser d’utiliser l’Équipement et en aviser immédiatement United. Si une telle situation survient dans le cadre d’une utilisation normale, United réparera ou remplacera l’équipement par un équipement similaire en état de fonctionnement, si un tel équipement de remplacement est disponible. United n’a pas l’obligation de réparer ou de remplacer l’Équipement rendu inutilisable en raison d’une mauvaise utilisation, d’un abus ou de négligence. Le seul recours du client pour tout défaut ou défaillance d’équipement sera la résiliation de tous les frais de location accumulés après la panne. Customer must return the Equipment to the Store Location within twenty-four (24) hours from the time of defect in order to terminate rental charges.

11.  RETURN OF EQUIPMENT /DAMAGED & LOST EQUIPMENT.

At the expiration of the Rental Period, Customer will return the Equipment to the Store Location during United's regular business hours or if United has agreed to pick up the Equipment, United shall endeavor to pick up the Equipment within a commercially reasonable period of time after Customer notifies United that the Equipment is called “off rent.” Customer is obligated to restore the Equipment to the same condition as when delivered, reasonable wear and tear (as defined below) excepted. Tanks shall be empty of all contents as required by any applicable federal, state or local regulation, including but not limited to those set forth in the Resource Conservation and Recovery Act (“RCRA”).  Customer shall be responsible for all damages to or loss of the Equipment from the time the Equipment leaves the Store Location until the Equipment is either returned to the Store Location, including any damage during transit to or from Customer, or picked up by United. En cas de perte ou de destruction d’un équipement ou à défaut de le retourner à United pour une raison quelconque, le client paiera à United la valeur de remplacement complète de l’équipement ainsi que le plein tarif de location tel que spécifié, jusqu’à ce que cet équipement soit remplacé. Si l’Équipement est retourné dans un état endommagé ou excessivement usé, le Client doit payer à United le coût raisonnable de la réparation et payer la location de l’Équipement au taux de location habituel jusqu’à ce que toutes les réparations aient été effectuées. United ne sera en aucun cas tenue de commencer les travaux de réparation jusqu’à ce que le client ait payé à United le coût estimatif de ces travaux. Le client accepte que United se réserve le droit de facturer la carte de crédit et/ou le compte du client pour tout montant dû par le client en vertu du présent article en raison d’un équipement endommagé ou perdu. In West Virginia only: if Customer rents tanks, upon return to United, Customer agrees to provide United with copies of:  (i) tank inspections; (ii) any and all updated and amended Spill Prevention and Response Plans United prepared to reflect the presence of the tanks at the job site; (iii) routine and monthly inspections, secondary containment area inspections, compatibility determinations, and relocation and leak detection inspections, all at the intervals prescribed by the West Virginia tank law for Level 1 and Level 2 classified tanks.

12.  REASONABLE WEAR AND TEAR.

Reasonable wear and tear of the Equipment shall mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one -shift basis (as defined in Section 14 below). Ce qui suit ne sera pas considéré comme une usure normale ou raisonnable : (i) damage resulting from lack of lubrication, insertion of improper fuel or maintenance of necessary oil, water and air pressure levels; cavitation; or freezing; (ii) except where United expressly assumes the obligation to service or maintain the Equipment, any damage resulting from lack of servicing or preventative maintenance suggested in the manufacturer's operation and maintenance manual; (iii) damage resulting from any collision, overturning or improper operation, including overloading or exceeding the rated capacity of the Equipment; (iv) damage in the nature of dents, bending, tearing, staining, corrosion or misalignment to or of the Equipment or any part thereof; (v) wear resulting from use in excess of shifts for which rented; and (vi) any other damage to the Equipment which is not considered ordinary and reasonable in the equipment rental industry.

13.  LATE RETURN.

Customer agrees that if the Equipment is not returned by the end of the Rental Period, or if the Tanks are not in RCRA Empty Condition ( as defined below) when United comes to the Customer site to pick up the Tanks, United, in its sole discretion, may require Customer to do any of the following: (A) continue to pay the rental rate(s) applicable to the Equipment as specified in the Agreement; (B) for periods less than 24 hours, pay the full daily rental rate applicable to the Equipment;  (C) pay any increased rental rate(s) in effect at the time of, or after, the expiration of the Rental Period; or (D) assess a pickup charge if the Tanks are not in RCRA Empty Condition. Le client accepte que United se réserve le droit de facturer la carte de crédit et/ou le compte du client pour tout montant dû par le client en vertu du présent article en raison d’un retard de retour de l’équipement.

14.  RENTAL PERIOD / CALCULATION OF CHARGES.  

Rental charges commence when the Equipment leaves the Store Location and end when the Equipment is either returned to the Store Location during United’s regular business hours or picked up by United after Customer notifies United that the Equipment is “off rent” and obtains an “off rent” confirmation number from United. Pick-up and delivery by United is subject to a “Delivery and Pick-up Service Charge,” the amount(s) of which are disclosed on the Rental and Service Agreement. Notwithstanding anything to the contrary in the preceding sentence, for the rental of Tanks, the rental period continues until Customer has emptied the Tanks of all contents and cleaned the Tanks in accordance with all applicable regulations, including but not limited to RCRA (“RCRA Empty Condition”) and any equivalent state clean-up laws.  Rental charges do not include the cost of the Refueling Service Charge, any applicable Taxes (as defined below), the Delivery and Pickup Service Charge, transportation surcharges, the cost of the Environmental Service Charge or other miscellaneous charges, the amount(s) of which are disclosed on the Rental and Service Agreement. Additionally, United shall invoice Customer for any additional excess cleaning or repair costs, including: (i) removal of any alterations made by Customer to the Equipment; (ii) restoration of the Equipment to its original configuration; (iii) re-lining or re-painting of Tanks; (iv) disposal of any contents left in Tanks; or (v) transportation to and from an approved repair facility.   As set forth herein, “Taxes” shall mean sales tax, goods and services tax, property taxes (including, without limitation, the Estimated Personal Property Tax Reimbursement Charge) or other taxes, levies and assessments required to be collected by United from Customer at any time upon, or in respect of, the Equipment and/or this Agreement. Les frais de location s’accumulent les samedis, dimanches et jours fériés. Rental rates are for normal “one-shift” usage based on an eight (8) hours per day, 40 hours per week and 160 hours per four-week period. En ce qui a trait à l’équipement électrique, les frais d’exploitation au-delà d’un quart de travail sont comme suit : one and one-half times the rental charge for double shift and two times the rental charge for triple shift. Customer will truthfully and accurately certify to United the number of shifts the Equipment was operated.  Customer's right to possess the Equipment terminates on the expiration of the Rental Period and retention of possession after this time is a material breach of the Agreement. TIME IS OF THE ESSENCE OF THE AGREEMENT.

 IN CALIFORNIA ONLY:

Customer acknowledges that an estimated personal property tax reimbursement charge will be applied to all rented Equipment at a rate of up to 0.75% of the rental amount. By signing this Agreement, Customer agrees to pay this charge.

15.  REFUELING SERVICE CHARGE.

Customeracknowledges that a “Refueling Service Charge” will be applied to all Equipment not returned with a full tank of fuel. Le montant exact des frais de plein de carburant peut varier selon le tarif en vigueur à la succursale à la date de retour de l’équipement. Le client reconnaît que les « frais de plein de carburant » ne correspondent pas à une vente d’essence normale. Le client peut éviter les frais de plein de carburant s’il retourne l’équipement avec le réservoir plein.

16.  ENVIRONMENTAL SERVICE CHARGE: 

Due to the hazardous nature of some waste and other products, to comply with federal and state environmental regulations, and to promote a clean environment, United charges an Environmental Service Charge for certain rentals. The Environmental Service Charge is not a government-mandated charge, is not designated for any particular use, and is used at United’s discretion. The Environmental Service Charge is 1.84% of the service charge and will not exceed $99. Customer acknowledges the items indicated above are subject to the Environmental Service Charge and Customer agrees to pay that Charge.

17.  DEPOSIT & PAYMENT.

A. DEPOSIT: In addition to securing the payment of rental charges hereunder, Customer agrees that any rental deposit shall be deemed to be a guarantee by Customer of the full and complete performance of each and all of the terms of this Agreement to be performed by Customer. En cas de violation de contrat par le client, le dépôt sera déduit des dommages, des coûts et des frais que United devra payer à cause de cette situation.

B. PAYMENT: Tous les montants dus en vertu des présentes seront payés en totalité dès réception de la facture par le client. Customer acknowledges that timely payment of rental and service charges is essential to United's business operations and it would be impractical and extremely difficult to fix the actual damages caused by late payment. Customer and United agree that there shall be added to all past due rental charges a late payment fee equal to the lesser of two percent (2%) per month (24% per annum) on any such payments outstanding after 30 days, or the maximum amount allowed by applicable law. Rental rates do not include sales tax, goods and services tax or other taxes, levies and assessments required to be collected by United from Customer at any time upon, or in respect of, the Equipment and/or the Agreement (collectively, “Taxes”). Customer agrees that United reserves the right to charge the Credit Card and/or Customer’s account for any amount owed by Customer pursuant to this section due to late or past due payment(s) or rental charges or Taxes.  In the event Customer asserts that a transaction is exempt from Taxes, Customer agrees to provide a valid tax exemption certificate.  Should the transaction later be deemed taxable, Customer is obligated to reimburse United for any Tax assessed that was attributable to Customer.

18.  TITLE / NO PURCHASE OPTION / NO LIENS.

With the exception of Specialty Media, the Agreement is not a contract of sale, and title to the Equipment shall at all times remain with United. Le Client ne dispose d’aucune option ou d’aucun droit d’achat de l’Équipement, sauf si une entente complémentaire spécifique a été conclue et signée par United. Le client doit garder l’équipement libre de tout problème mécanique, de tout privilège de saisie et de tout autre engagement.

19.  TIRE AND TUBE REPAIR OR REPLACEMENT.

Repair or replacement of tires and tubes on Equipment is the responsibility of Customer and is not included in the rental rate.

20.  DEFAULT.

Customer shall be deemed in default should Customer fail to pay any amount when due hereunder; fail to perform, observe or keep any provision of the Agreement; become “Insolvent” (as defined herein), or should United anticipate that Customer may become Insolvent; or otherwise be in default. Si le Client est en défaut, United pourrait prendre l’une ou plusieurs des mesures suivantes : (i) terminate the Rental Period; (ii) declare the entire amounts due hereunder immediately due and payable and commence legal action therefor; (iii) cause United’s employees or agents, with notice but without legal process, to enter upon Customer's property and take all action necessary to retake and repossess the Equipment, and Customer hereby consents to such entry, re-taking and repossession and hereby waives all claims for damages and losses, physical and pecuniary, caused thereby and shall pay all costs and expenses incurred by United in retaking and repossessing the Equipment; or (iv) pursue any other remedies available by law. Customer shall be considered “Insolvent” if Customer shall generally not pay, or be unable to pay, or admit its inability or anticipated inability to pay its debts as such debts become due; make an assignment for the benefit of creditors, or petition or apply to any court or tribunal for the appointment of a custodian, receiver, or trustee for it or a substantial part of its assets;  commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or hereafter in effect; have had any such petition or application filed or any such proceeding commenced against it in which an order for relief is entered or an adjudication or appointment is made; or take any action indicating its consent to, approval of or acquiescence in any such petition, application, proceeding or order for relief or the appointment of a custodian, receiver or trustee for all or any substantial part of its properties.

21.  CUSTOMER'S INSURANCE COVERAGE.

Le client accepte de maintenir et souscrire, à ses frais exclusifs, les contrats d’assurance suivants : (i) commercial auto liability insurance with at least a per occurrence limit of $2 million; (ii) commercial general liability insurance (providing coverage equal to or greater than the standard ISO CG 00 01 12 04 form) with limits of insurance not less than $2 million per occurrence and $4 million in the aggregate; and (iii) property insurance for the full replacement cost of the Equipment, including coverage for all risks of loss or damage to the Equipment. Le Client doit souscrire des polices d’assurance qui prévoient, ou comportent un avenant qui prévoit, que toute assurance exigée en vertu des présentes est principale et non contributive à toute autre assurance maintenue par United. United sera désignée comme assuré additionnel pour l’assurance de responsabilité et, le cas échéant, comme bénéficiaire additionnel pour l’assurance des biens. Toute franchise ou franchise auto-assurée relèvera de la seule responsabilité du client. All insurance required by the Agreement shall include a waiver of rights of recovery against United or its insurers by the Customer and its insurers, as well as a waiver of subrogation against United or its insurers. Les polices requises en vertu des présentes doivent prévoir que United doit recevoir un avis d’au moins 90 jours précédant toute annulation. FOR RENTAL OF EQUIPMENT NOT LICENSED FOR ROAD USE, CUSTOMER MUST EITHER ELECT TO NAME UNITED AS LOSS PAYEE EVIDENCING PROPERTY INSURANCE COVERAGE OR ELECT TO PURCHASE THE RENTAL PROTECTION PLAN.

22.  NO ASSIGNMENT, LENDING OR SUBLETTING.

Le Client ne doit pas sous-louer, céder ou prêter l’Équipement sans avoir préalablement obtenu le consentement écrit de United, et toute action de ce type de la part du client, sans le consentement écrit de United, sera nulle. Customer agrees to use and keep the Equipment at the job site set forth in the Agreement unless United approves otherwise in writing. United may at any time, without notice to Customer, transfer or assign the Agreement or any Equipment or any moneys or other benefits due or to become due hereunder.

23.  SERVICES PROVIDED IN CONNECTION WITH RENTAL OF EQUIPMENT.

       A.   TRENCH SERVICES. “Trench Services” may include the engineering, delivery and pickup of the trench/shoring system (the “System”). The System is to be used in complete accordance with any manufacturer’s tabulated data that is provided therefor. United makes no representation or warranty about, and shall not be responsible for, such data. If United provides an on-site observer (“the Observer”) to observe the installation of the System, neither the presence of the Observer at the jobsite nor the provision of the Trench Services by United shall relieve Customer, and Customer assumes full responsibility for, the construction means, methods, sequence, techniques and procedures necessary to use the Equipment, including but not limited to the assembly, installation, welding, maintenance, deflection, dewatering and removal of the System in accordance with the requirements of this Agreement, the Occupational Safety and Health Administration Act (OSHA) and all other applicable federal, state, and local laws, rules, regulations, and ordinances.

       B.   SCAFFOLDING SERVICES. “Scaffolding Services” may include the installation and dismantling of scaffolding, including all parts and accessories thereto. Unless otherwise agreed to by the parties in writing, Customer shall (i) provide a clean, unobstructed, and safe area to perform the Scaffolding Services; (ii) move planking, sidewall brackets, and guardrails as necessary for completion of the Scaffolding Services; (iii) install toe boards, mesh, and/or patch ties in holes; (iv) maintain and use the Equipment in accordance with OSHA and all other applicable state and local regulations as well as the manufacturer’s safety rules and instructions; (v) keep all persons (other than United employees) off and away from the Equipment during its erection and dismantling; (vi) take reasonable steps to protect all buildings, properties, and grounds, including but not limited to grass and landscaping; (vii) be solely responsible for providing all necessary and required fall protection to employees and others using the Equipment in compliance with OSHA regulations; and (viii) be solely responsible for determining if the ground, slab, roof, or structure(s) the Equipment is set upon is/are capable of supporting the loads, people, and materials used and placed upon the Equipment. In addition, Customer shall be responsible for obtaining all required permits necessary for the Scaffolding Services. Upon completion of the installation, Customer shall sign the Customer Acceptance Certificate provided by United.

       C.   PORTABLE SANITATION SERVICES (to be provided by United’s affiliate, Reliable Onsite Services). “Portable Sanitation Services” may include the periodic removal of domestic septic waste, cleaning of the portable restroom, holding tanks and other equipment, and supply of rolls of toilet paper. Portable Sanitation Services will be provided once per week for the restrooms and once every four (4) weeks for holding tanks. Extra service beyond the regular service is available upon request and shall be charged on a per unit basis. If Reliable Onsite Services personnel are unable to service Equipment during regularly-scheduled service times, additional fees may be charged to return for such service. Additional fees may be charged for tip-overs, relocation of the units on the same site and vandalism/graffiti. Customer shall assure the Equipment is accessible to Reliable Onsite Services personnel and located in a clean, unobstructed and safe area. Customer shall not insert any hazardous materials in the Equipment, move the Equipment or attach any materials to the Equipment (including, but not limited to, tape, adhesives, posters, staples, mesh, etc.) without the prior written permission of Reliable Onsite Services. Customer is responsible for staking units to the ground or otherwise securing units to immovable objects.

       D.   FLUID SOLUTIONS SERVICES.

              i. “Fluid Solutionsmeans fluid storage, transfer, and/or treatment, and includes but is not limited to, the rental of Tanks, pumps, filtration, and any accessories, attachments, or other items delivered to Customer, as well as any ancillary services thereto. Fluid Solutions may include the design, installation, operation, ongoing maintenance, monitoring, and dismantling of the Fluid Solutions system (“Fluid Solutions Services’). Customer shall provide accurate measurements, specifications and any supporting documentation to assist in the Fluid Solutions Services as requested by United. Unless otherwise agreed to by the parties, Customer shall (i) have adequate lifting equipment on site to load and unload during set up and break down; (ii) insert, remove and maintain sewer pipe plugs and suction screens as necessary; (iii) provide any and all containment and required matting; (iv) obtain any and all rights of way, permits, and easements as necessary; (v) provide adequate staging areas, water sources, and access thereto; (vi) provide necessary controls of erosion, odor and traffic, including site restoration, as necessary; (vii) provide fueling and/or adequate power, including cable and an electrician, as necessary; (viii) perform daily inspection and maintenance of the Equipment during the Rental Period; and (ix) provide access at all times to the Fluid Solutions system and a clean, unobstructed and safe area to perform the Fluid Solutions Services.

              ii. Scopeof Services and Change OrdersThe scope of services (“Scope”) provided for each job shall be incorporated into the Agreement.  Unless specifically agreed to in the Scope, Customer, at its cost and expense, shall obtain all required building and construction permits, inspections, or certificates, as well as any permissions and authority necessary to perform the Fluid Solutions Services.   If the type of liquid, including its constituents and other characteristics (for example, viscosity, turbidity), the volume or the rate of flow (whether due to weather or other factors not specifically under United’s control), or any other material information on which United relied when designing the Fluid Solutions Services materially change at any time, United shall notify Customer and request an emergency change order (“Emergency Change Order”).  Customer acknowledges that, due to the nature of the Fluid Solutions Services which are tailored to specific information and data, in the event of such material change, it is imperative that Customer immediately respond to any request for Emergency Change Order to avoid a spill or other incident.  Therefore, Customer shall designate one or more authorized representatives who will be available to United 12/07/375 to respond to such requests.  Customer agrees that the verbal or written approval (whether by email or text or other document) of such designated representative shall be binding and shall be subject to the terms and conditions set forth in the Agreement.  Further, if Customer’s authorized representative does not immediately respond to such request, Customer agrees that United, in its sole discretion, may take the action it deems most effective to mitigate any spill, incident or accident and Customer further waives the right to contest such action, agrees that United shall not be liable to Customer in connection with such action, and Customer shall be responsible for the additional costs incurred thereby.

              iii. Specialty Media.   Specialty Media shall be deemed purchased under this Agreement on an AS-IS, WITH ALL FAULTS basis and is non-refundable once delivered to Customer. At the expiration of the rental period, Customer is responsible for emptying and disposing of all Specialty Media in compliance with applicable law. Any spent Specialty Media Customer generates is subject to disposition facility acceptance testing, at Customer’s sole cost and expense. The disposition facility may periodically re-test spent Specialty Media to assure it remains acceptable for disposition. If spent Specialty Media testing determines the spent Specialty Media is unacceptable for any designated disposition facility, use of an alternate disposition facility may result in additional cost and Customer shall pay said additional cost. Customer shall provide any and all information required by the disposition facility or to United, related to the evaluation of the acceptance of spent Specialty Media. 

       E.   POWER AND HVAC. “Power and HVAC Services” may include power and HVAC system start-up support, installation of low voltage cables, installation of temporary chilled water piping, on-site training for Customer’s employees, 24/7 technical assistance and on-site support, and monitoring of selected installing trades. Customer hereby consents to United’s use of a third party technician to perform installation and hook-up services of the Equipment, if Power and HVAC Services are requested by Customer. Unless otherwise agreed to in writing by the parties, Customer shall (i) perform daily inspection and maintenance of all Equipment during the Rental Period; (ii) decontaminate Equipment of any chemical or hazardous fluids; (iii) obtain all necessary permits and regulatory inspections; (iv) replace dirty air filters on all air handlers and air conditioners; (v) load and unload all rental Equipment from trailers (if applicable); (vi) remove all fuel from any supplemental tanks prior to Equipment decommissioning; (vii) fuel and/or refuel all generators, boilers or fuel tanks with #2 fuel oil; (viii) check and record oil levels in generator daily; (ix) allow United to perform service every 250 hours on all Equipment; and (x) furnish a qualified electrician to connect and disconnect Equipment to utility power.

       F. TOOL SERVICES. “Tool Services” may include tool tracking services, tool tracking software, utilization data (via printed/electronic reports), an on-site technician to manage tools and other equipment, and a tool room, if needed. Unless otherwise agreed to by the parties, Customer shall (i) provide a safe location for the trailer where it can be housed for the duration of the project; (ii) provide power to supply electricity to the trailer (generator or plant power); (iii) install scaffolding around the trailer if the site does not make use of the trailer’s stairs; (iv) supply United with information regarding access requirements, including but not limited to, site-specific classes, drug testing requirements, fatigue day rules, etc., prior to delivery; (v) supply United with a list of personnel authorized to check-in and check-out tools and/or allowed to request addition/removal of inventory.

24.  ENTIRE AGREEMENT / ONLY AGREEMENT.

These terms and conditions and the front the Agreement, and any Addendum attached thereto, represent the entire agreement between Customer and United with respect to the Equipment and the rental and servicing of the Equipment. Il n’existe aucune représentation ou entente verbale ou autre non comprise aux présentes. None of United's rights or Customer's rights may be changed and no extension of the terms of this Agreement may be made except in writing, signed by both United and Customer. Any use of Customer's purchase order number on this Agreement is for Customer's convenience only.

25.  ORDER OF PRECEDENCE.

These terms and conditions and the Agreement shall control over any terms and conditions contained in Customer’s purchase order or similar documents and such other terms are hereby rejected by United. In the event that United signs Customer’s purchase order or similar document, such signature shall be solely for the purpose of acknowledging the order; it being the express intent of the parties that the Agreement and these terms and conditions shall govern all rental and service transactions.

26.  CLASS ACTION WAIVER.

Customer agrees that any claims or proceedings brought by Customer relating to this Agreement will be conducted on an individual basis, and not on a class-wide, collective, or representative basis, and that any one person’s claims or proceedings may not be consolidated with any other claims or proceedings. Le Client ne poursuivra pas United en tant que plaignant ou représentant de demandeurs, ne sera pas membre d’un groupe, ni ne participera en tant que partie adverse d’une manière quelconque dans un recours collectif contre United. Toutefois, rien dans ce paragraphe ne limite le droit du client à intenter une poursuite en tant que demandeur individuel.

27.  JURY WAIVER.

The federal and state courts in the county in which the Store Location is located shall have exclusive jurisdiction over all matters relating to this Agreement. LE DROIT À UN PROCÈS DEVANT JURY EST RENONCÉ. Afin de signifier un acte de procédure sur United, veuillez contacter le Secrétaire d’État Division des sociétés ou le bureau équivalent dans votre état pour obtenir le nom de l’agent officiel et l’adresse du bureau officiel qui est dans les dossiers du Secrétaire d’État pour United. United aura droit à des décrets de performance spécifique (sans obligation de cautionnement ou autre garantie) en plus des autres recours disponibles.

28.  OTHER PROVISIONS.

    1. Any failure of United to insist upon strict performance by Customer of any terms and conditions of this Agreement shall not be construed as a waiver of United's right to demand strict compliance. Customer has carefully reviewed this Agreement and waives any principle of law which would construe any provision hereof against United as the drafter of this Agreement. Any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement.
    2. Customer agrees to pay all reasonable costs of collection, court costs, attorneys' fees and other expenses incurred by United in the collection of any charges due under this Agreement or in connection with the enforcement of its terms.
    3.   Customer shall pay the rental charges without any offsets, deductions or claims.
    4. Customer consents to the collection, use and disclosure of his or her personal identification and financial information as described herein and in United’s Privacy Policy. Les informations d’identification personnelle et financières du Client sont fournies de manière volontaire et non pas dans le cadre d’une transaction de carte de crédit. Personal identification information includes, for example, Customer’s name, billing address, ZIP code, telephone number, date of birth, driver’s license number and email address. Financial information includes, for example, information related to any balances or invoices related to the Agreement. Customer’s personal identification information can be used for purposes of this transaction, any subsequent transactions with United and for United to evaluate and improve its products and services and/or develop new products or services. Customer’s personal identification information and/or financial information may be disclosed to contractors, service providers and other third parties that support United’s business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
    5.   United shall have the right to immediately repossess the Equipment, without any liability to Customer, in the event of (i) permanent closure of the Store Location; (ii) declaration of any emergency, disaster or similar situation by any federal, state or local government; or (iii) as otherwise set forth in this Agreement.

 

29.  CRIMINAL WARNING:

L’utilisation de fausses pièces d’identité pour obtenir l’Équipement ou le défaut de retourner l’Équipement à la fin de la Période de location peut être considéré comme un vol pouvant faire l’objet de poursuites criminelles en vertu des dispositions du code criminel ou pénal applicables.

30.  GPS TRACKING:

Customer and United each consent to the collection and monitoring of electronic information, including Global Positioning System (“GPS”) data, generated by or in connection with Customer’s use of or the location of the Equipment. Customer agrees that United owns the data described in this paragraph and may use such data, including GPS data, for any purpose, including commercial purposes.

Last Update: July2019v1